Charities

Organizations – businesses, non‑profits and charities – are breathing a sigh of relief following the federal government’s decision to suspend indefinitely the coming into force of the provisions of Canada’s Anti-Spam Legislation (CASL) that give persons the right to seek monetary compensation from anyone who has breached the consent rules in CASL and the collection and use of personal information rules in PIPEDA.[1]

Colloquially known as the “private right of action” clauses of CASL, they were slated to come into force on July 1, 2017; the suspension of their coming into force was accomplished by a federal Order‑in‑Council (PC Number: 2017‑0580), which was issued on June 2, 2017.

Among the groups that had lobbied the federal government to put the brakes on the implementation of the private right of action provisions were Imagine Canada and the Ontario Nonprofit Network (ONN). Imagine Canada and ONN sent a letter together to the federal Minister of Innovation, Science and Economic Development, Navdeep Bains. The letter, dated February 14, 2017, lays out a number of the principal concerns that the nonprofit and charitable sectors have with CASL generally and with the private right of action specifically.

The Consultation Panel on the Political Activities of Charities (the Consultation Panel) has now released its Report recommending changes to how charities should be regulated in Canada.

Earlier this year, we blogged about the Canada Revenue Agency’s (the CRA’s) consultation process on charities’ political activities.

Our firm also submitted its recommendations to the CRA advocating for changes that would allow charities to effectively participate in public policy debates.

In our submissions we took the position that the CRA’s current rules restricting charities’ political activities make their political role ineffective despite the fact charities are uniquely positioned to advocate for the public interest and many are experts in their fields.

Updated May 11, 2017: Corrections/clarifications to the 4th and 7th bullet points below.

If you were keeping close tabs three years ago on the advent of Canada’s Anti-Spam Legislation (CASL), you may be forgiven if you lost sight of it in the past three years. After all, you worked hard to ensure that your organization would be able to send commercial electronic messages (CEMs) once July 1, 2014 rolled around.

Well, it’s time to pay attention again, because July 1, 2017 marks the coming into force of a couple of important features to CASL. Read the rest of this entry

If you’re involved in a non‑profit organization that was incorporated under the Canada Corporations Act and your organization has not completed the transition to the Canada Not‑for‑profit Corporations Act, then you have until July 31, 2017 to do so. Corporations Canada has issued a notice that if the transition is not completed by July 31st, the corporation will be dissolved. In other words, the corporation will cease to exist, legally, and if it’s a registered charity, it could lose its charitable registration.

Canada Revenue Agency (CRA) has been notorious in recent years for its attacks on charities for their alleged political activities. Charities concerned about climate change and Aboriginal rights bore the brunt, with some still awaiting the attitude change promised by Justin Trudeau when he took power.

Taking Trudeau at his word, our law firm provided our thoughts to the Liberals’ inquiry on the issue of how charities’ political activities should be regulated.

Brian Iler was presented with the 2016 AMS/John Hodgson Award of Excellence in Charity and Not‑For‑Profit Law on June 2 by the Ontario Bar Association Charity and Not-For‑Profit Law Section in a luncheon ceremony. Celia Chandler introduced him with a brief recounting of his career and his personality. She called out “his energy, his idealism, his ability to cut to the chase.”

Brian followed that up with more detail, recounting key moments in his career. He remains, in his words, “an unrepentant 68er ‑ hopeful, not without reason, that with collective and sustained community initiatives, the world can be made a better place.”

Read on for the full text of their comments. There’s some great history in there! Here’s to more great work to come! Read the rest of this entry